Avila et al v. State of California et al
Plaintiff: Melinda Avila, Gretel Lorenzo, Alfredo Lorenzo and Jose Lorenzo
Defendant: State of California, County of Madera, Richard Gonzales, Paul Varner and Guy Rich
Case Number: 1:2015cv00996
Filed: June 30, 2015
Court: US District Court for the Eastern District of California
Office: Fresno Office
County: Madera
Presiding Judge: Gary S. Austin
Presiding Judge: John A. Mendez
Nature of Suit: Other Civil Rights
Cause of Action: 28:1441
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
May 25, 2018 Opinion or Order Filing 297 JUDGMENT dated *5/25/2018* in favor of Defendants State of California, County of Madera, Richard Gonzales, and Paul Varner, and against Plaintiffs Melinda Avila, Gretel Lorenzo, Alfredo Lorenzo, and Jose Lorenzo according to the jury special verdict returned in open court on May 23 2018. Civil Case Terminated. CASE CLOSED. (Gaumnitz, R)
May 23, 2018 Opinion or Order Filing 295 ORDER and RECEIPT for Trial Exhibits, signed by District Judge Dale A. Drozd on 5/23/2018. (Gaumnitz, R)
April 12, 2018 Opinion or Order Filing 233 MEMORANDUM DECISION AND ORDER RE APPLICATION FOR RECONSIDERATION AND/OR CLARIFICATION signed by Chief Judge Lawrence J. O'Neill on April 12, 2018. (ECF No. 227) (Munoz, I)
February 13, 2018 Opinion or Order Filing 226 MEMORANDUM DECISION AND ORDER RE MOTIONS IN LIMINE; ORDER VACATING 2/26/18 HEARING signed by Chief Judge Lawrence J. O'Neill on February 13, 2018. (ECF Nos. 110-119, 121-124, and 126-144). (Munoz, I)
August 24, 2017 Opinion or Order Filing 92 ORDER signed by District Judge John A. Mendez on 8/23/2017 GRANTING 51 Motion for Summary Judgment in favor of CHP Defendants on Gretel's first, third, and fifth claims. (Washington, S)
July 20, 2017 Opinion or Order Filing 89 ORDER signed by District Judge John A. Mendez on 7/19/17. The Court GRANTS Gonzalez' 52 MOTION for SUMMARY JUDGMENT on Jose's first, second and fifth claims. The Court DENIES the county's MOTION for SUMMARY JUDGMENT on Jose's first and second claims. (Mena-Sanchez, L)
June 13, 2017 Opinion or Order Filing 67 ORDER signed by District Judge John A. Mendez on 6/12/2017 GRANTING 66 Plaintiffs request to seal documents; IT IS SO ORDERED that the Sentencing documents be filed under SEAL. (Reader, L)
June 7, 2017 Opinion or Order Filing 65 ORDER signed by District Judge John A. Mendez on 06/06/17 ORDERING that the 59 Request for Dismissal is GRANTED; the Fourth Cause of Action of the Third Amended Complaint in its entirety and the Fifth Cause of Action of the Third Amended Complaint as against defendants, State of California and County of Madera, only are DISMISSED. (Benson, A)
May 1, 2017 Opinion or Order Filing 50 STIPULATION and ORDER signed by District Judge John A. Mendez on 4/28/17 ORDERING that the depositions of experts Van Blaricom and Fonzi set for 4/28/17 are cancelled and reset for a date in May 2017; The depositions of the following experts are cu rrently scheduled on the following dates: 5/2/17 Plaintiffs' vocational rehabilitation expert Dr. Sarkasian; 5/9/17 Plaintiffs' economic expert Mr. Mahla; 5/10/17 Plaintiff Melinda Avila's treating physician Dr. Malley; 5/11/17 P laintiff Melinda Avila's treating physicians Dr. Lindvall and Dr. Pauls, and Plaintiffs' medical expert for Melinda Avila Dr. Baysal; 5/12/17- Plaintiff Jose Lorenzo's treating physician Dr. Glasser and Plaintiff Melinda Avila's treating physicians Dr. Gill, Dr. Kumar and Dr. Ma; and 5/19/17- Plaintiff Melinda Avila's treating physician Dr. Mullen; In the event that counsel for Plaintiffs cannot attend the depositions of the experts identified in item No. 2 on the dates set, Plaintiffs' counsel will provide alternative dates in May 2017 so that the depositions can be completed no later than 5/31/17.(Becknal, R)
March 8, 2017 Opinion or Order Filing 40 STIPULATION regarding plaintiff's independent medical examination pursuant to F.R.C.P. 35; ORDER re plaintiff's independent medical examination. Order signed by Magistrate Judge Erica P. Grosjean on 3/8/2017. (Rooney, M)
February 17, 2017 Opinion or Order Filing 38 STIPULATION and ORDER signed by District Judge John A. Mendez on 2/17/17 ORDERING that the Expert Disclosure date is EXTENDED from 2/17/17 to 3/17/2017. The Supplemental Expert Disclosure date is EXTENDED from 3/17/17 to 4/17/2017. Discovery due date is EXTENDED from 4/14/17 to 4/28/2017. The parties agree that all other deadlines will remain in place as set out in the Scheduling Order, including that Trial remain SET on 9/11/17.(Mena-Sanchez, L)
April 8, 2016 Opinion or Order Filing 31 STATUS (Pre-trial Scheduling) ORDER signed by District Judge John A. Mendez on 4/7/16, ORDERING that all Dispositive Motions shall be filed by 5/23/2017. Hearing on such motions shall be on 6/20/2017 at 1:30 p.m.. All discovery shall be completed by 4/14/2017. Designation of Expert Witnesses due by 2/17/2017, and expert rebuttal disclosures due by 3/17/2017. The Final Pretrial Conference is SET for 8/4/2017 at 11:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez. Jury Trial is SET for 9/11/2017 at 09:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Kastilahn, A)
February 23, 2016 Opinion or Order Filing 28 ORDER granting in part and denying in part 24 Motion to Dismiss, signed by District Judge John A. Mendez on 2/22/16. The County's answer to the TAC must be filed within 20 days of the date of this order. (Kastilahn, A)
October 14, 2015 Opinion or Order Filing 21 ORDER signed by Judge John A. Mendez on 10/14/2015 ORDERING that the Court GRANTS the CHP Defendants' 6 Motion to Dismiss the fourth cause of action as against CHP for negligent training and supervision WITH LEAVE TO AMEND. The CHP Motion is otherwise DENIED. The Court GRANTS the County Defendants' 11 Motion to Dismiss all claims against Rich WITH PREJUDICE. The County Motion is GRANTED as to Plaintiffs' fifth cause of action against the County WITH LEAVE TO AMEND. Plaintiffs shall file their Third Amended Complaint within twenty days of the date of this Order. The remaining Defendants shall file their responsive pleadings within twenty days thereafter. (Zignago, K.)
August 4, 2015 Opinion or Order Filing 13 STIPULATION and ORDER signed by Judge John A. Mendez on 8/4/15 ORDERING that defendant Nicholas Cosentino is DISMISSED with prejudice. (Manzer, C)
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Plaintiff: Melinda Avila
Represented By: Stephen R. Cornwell
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Plaintiff: Gretel Lorenzo
Represented By: Stephen R. Cornwell
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Plaintiff: Alfredo Lorenzo
Represented By: Stephen R. Cornwell
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Plaintiff: Jose Lorenzo
Represented By: Stephen R. Cornwell
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Defendant: State of California
Represented By: Catherine A. Woodbridge Guess
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Defendant: County of Madera
Represented By: Sean Douglas De Burgh
Represented By: Carolyn Jean England Frank
Represented By: Daniel S Roberts
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Defendant: Richard Gonzales
Represented By: Sean Douglas De Burgh
Represented By: Carolyn Jean England Frank
Represented By: Daniel S Roberts
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Defendant: Paul Varner
Represented By: Catherine A. Woodbridge Guess
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Defendant: Guy Rich
Represented By: Sean Douglas De Burgh
Represented By: Carolyn Jean England Frank
Represented By: Daniel S Roberts
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